Wisconsin Since July 1, 2010, judges must order ignition interlocks for all repeat and first-time convicted drunk drivers with a BAC of .15 or greater and for those who refuse the BAC test. From 2006 to 2020 in Wisconsin, interlocks stopped 357,946 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 28,281 attempts to drive drunk in 2020.
Grade: F (34/100) Wisconsin is one of 16 states without an all-offender law. The state has not improved their interlock law since 2009 and as a result many loopholes exist which hinders the reach of interlocks to stop drunk driving.
Why does MADD not call the law all-offender? Judges are not required or allowed to order an interlock for first-time offenders with a BAC of .08 to .14. Process to obtain an ignition interlock 1. Serve any jail or suspension time, Complete the Intoxicated Driver Program (IDP) and any community service. 2. Check driving reinstatement eligibility on the DOT website. 3. Schedule an appointment to have an interlock device installed. 4. Fill out an SR-22 form and send to the DOT. 5. Pay all applicable fees to the DOT. 6. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation 1st offense .15 BAC plus Upon conviction 1 year
Require interlocks for all convicted drunk drivers. Eliminate waiting time to go an interlock.
45 days after conviction 30 days after conviction
Second offense
1 year
First refusal
1 year
Can a drunk driver wait out an interlock order? In some cases For drunk drivers required to use an interlock, the person must use the device before being relicensed. However, interlocks are not required for all first-time offenders. Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? No Legislative Recommendation Add a statewide compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Low-income offenders, with annual incomes less than 150 percent of the Federal Poverty Level (FPL), are entitled to pay only half of the regular cost of interlock installation and monthly service fee. The FPL is adjusted annually and depends on the number of people in the household. Sources: §§343.301(1) and (2) and 343.305(10m), Wisconsin DOT.
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